Kyle Larson Enterprises Inc., Roofing Experts v. Allstate Insurance Co. 2012COA160 (September 27, 2012)

Repair vendors such as roofers, who are entitled to insurance payments for work done on behalf of an insured party like a homeowner, can sue the insurance company as if they were the homeowner, for unreasonable delay or denials of payment. In this case, homeowners contracted with a roofer to make repairs. The homeowners’ insurer approved initial repairs and costs, but the roofer later made additional repairs that were necessary to comply with building codes and maintain manufacturer warranties.  The insurance company refused to pay for the additional repairs. Roofer sued as a first-party claimant under C.R.S. 10-3-1115 claiming an improper denial of claims. The trial court dismissed that claim. The court of appeals reversed, finding that the insurance company’s involvement with roofer’s repairs, completed “on behalf of” the homeowners, made the roofer a first-party claimant.

http://www.courts.state.co.us/Courts/Court_Of_Appeals/Opinion/2012/11CA2205-PD.pdf

http://www.cobar.org/opinions/opinion.cfm?opinionid=8677&courtid=1

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